ACTIO BLOG

New RoHS FAQ

Guidance document in the form of a Frequently Asked Questions (FAQ) for the RoHS Recast has been published. Dates to know for the RoHS 2:

it entered into force on July 21, 2011

it requires Member States to transpose the provisions into their respective national laws by January 2, 2013— less than 6 months away

Restriction of the Use of Certain Hazardous Substances (RoHS) is a directive adopted by the EU in 2003. The Directive is part of the European Union's waste management legislation, connected to WEEE, but RoHS applies to equipment as defined by a certain section of WEEE.

RoHS applies to the following categories:

Large household appliances

Small household appliances

IT & Telecommunications equipment (infrastructure equipment is exempt in some countries)

One of the prime objectives of RoHS 2 is to address concerns related to the increasing volume of waste electrical and electronic equipment (WEEE) arising in the EU. Hazardous substances in this type of equipment could be released during waste management processes and could give rise to damage to human health and the environment. The most effective way to address this concern is to restrict the use of the hazardous substances at the point of manufacture.

The new RoHS 2 FAQ This new Frequently Asked Questions (FAQ) document aims to help economic operators interpret the provisions of RoHS 2 in order to ensure RoHS 2 compliance. However, as the Directive being addressed only to the Member States, the rights and obligations for private parties exclusively flow from the measures enacted by the authorities of the Member States to implement it.

The FAQ is considered a ‘living document’ and may be revised in the future, according to the experience with the implementation and review of RoHS 2. The FAQs reflect the views of DG Environment and as such are not legally binding, it's important to note that binding interpretation of EU legislation is the exclusive competence of the Court of Justice of the European Union. These FAQs should be read in conjunction with the general principles of the New Legislative Framework (NLF) and the Commission’s guide to the implementation of directives based on the New Approach and the Global Approach also known as the Blue Guide.

Where to get the RoHS 2 FAQ Seems obvious but it's important to say it: the FAQ document may undergo significant changes moving forward, as events warrant. But it's a solid start.

Get the document here: http://ec.europa.eu/environment/waste/rohs_eee/pdf/faq.pdf

Submit your comments by September 14, 2012.

Photo credit for this article: http://mrg.bz/zmwxvb

Going forward, the list of banned substances under RoHS will be reviewed on a regular basis.